ML20203C562

Proprietary Response to NRC Re Notice of Violations & Proposed Imposition of Civil Penalty from Insp Repts 50-269/85-39,50-270/85-39 & 50-287/85-39.Mitigation of Civil Penalty Requested.Response Withheld (Ref 10CFR73.21)

ML20203C562
Person / Time
Site:	Oconee
Issue date:	03/20/1986
From:	Owen W DUKE POWER CO.
To:	Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
Shared Package
ML20203C545	List: IR 05000269/1985039 ML20203C562
References
NUDOCS 8604210190
Download: ML20203C562 (3)

Text

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. SAFIGl AR]S A F01V A7ON c Duke Power Company W b, ,

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Power Building, Box 33189, Charlotte, N.C. 28242 ~i[

"4 W. H. OWEN (7g%73;izo M EXECUTIVE VICE PRESIDENT g p-ENGINEERING CONSTRUCTION & PROoOCTION GROUP ** I

.z. Vl CLASS IED BY: -

March 20, 1986 g TITLq NM UM Mr. J.M. Taylor, Dtrector ORGANIZATION MO 'MM W M6 Office of Inspection and Enforcement

, fg fg U.S. Nuclear Regulatory Commission f f Washington, D.C. 20555

Subject:

Duke Power Company - Oconee Nuclesr Station Notice of Violation and Proposed Imposition of Civil Penalty (NRC Inspection Report Nos. 50-269/85-39, 50-270/85-39 and 50-287/85-39) (License Nos. DPR-38, DPR-47 and DPR-55)

Dear Mr. Taylor:

As requested by letter from Dr. J. Nelson Grace, dated February 28, 1986, please find attached the requested response to the Oconee Nuclear Station Violation 85-39-01 which was identified in the subject report. Also attached is a Duke Power Company check for the proposed civil penalty payable to the Treasurer of the United States in the cumulative amount of twenty-five thousand dollars ($25,000).

Even though the specified civil penalty payment is attached, and the base value of the civil penalty for this Severity Level III Violation has been mitigated, Duke transmits this civil penalty payment with some reservation.

Duke feels the Severity Level III Violation with Civil Penalty should have been mitigated in its entirety based on the outstanding security record as reflected in the SALP rating for Oconee Nuclear Station, the security program performance history, the prompt and extensive corrective action to the violation taken both at Oconee and McGuire Nuclear Stations and the clarifications described in the attached response to violation. It is Duke's contention that the NRC did not fully consider all the mitigating factors applicable to this violation prior to proposing this civil penalty.

This material is applicable to the security provisions at Oconee Nuclear Station; therefore, Duke requests that this material be withheld from public disclosure pursuant to 10CFR73.21.

WHEN SEPARATED FCCM EZ'.0':L 9E HANDLE THIS DOCUMENT AS CICONIJCLt3 THIS DOCUMENT CONTAINS SAFECUARDS ETM?N:0 l.

8604210190 860415 PDR ADOCK 05000269 ANY PERSON WHO ALLOWS UNAUTHORIZED DISCLO!URE G PDR MAY BE GUILTY OF A CRIME: ANO UPON Cr""II:ll0*

FAAY BE PUTSHED BY A FIRE OR IMPRISMWENT OR C3TH Utt0ER THE PROVIS!.%'S OF 13 CFR 73 33 SAFEGUARDS N:0RMA"0N,

'. SAFEGUARDS ,N!03 MAT ON Mr. J.M. Taylor, Director March 20, 1986 Page 2 If you have any questions regarding this response, please contact us for any additional information concerning this matter.

Very truly yours,

) Ql/l s/W.H. Owen W.H. Owen JWD/jgm xc: w/ Violation Response Attachment Dr. J. Nelson Grace, Regional Administrator U.S. Nuclear Regulatory Commission - Region II P.O. Box 2203 Atlanta, Georgia 30301 ,

j w/o Violation Response Attachment J.C. Bryant NRC Resident Inspector Oconee Nuclear Station WHEN SEPARATED FRCM ENCLCSUFEt, HANDLI THIS DOCUfAENT AS DEC0' TRCHE]

THIS DOCUMENT CONT AINS SAFECUHOS ff rty"4;,03, ANY PERSON WHO ALLOWS UNAUTHCR'IfD C.'StiC003E MAY BE GUILTY OF A CRIME: AND UPeri C?WCDON V4Y BE PUY! PED BY A FINE CR IMPRISCF, VENT OR BOTH UNDfR THE PROVistfWS OF 10 CFR 737)

SAFEGUARDS IN:0RMAT10N

-'. SA iG.;ARDS FORVAEON Mr. J.M. Taylor, Director March 20, 1986 Page 3 W.H. OWEN, being duly sworn, states that he is the Executive Vice-President, Engineering, Construction and Production Group, Duke Power Company; that he is authorized on the part of said Company to sign and file with the Nuclear Regulatory Commission this response to notice of Violation and Proposed Imposition of Civil Penalty for Oconee Nuclear Station License Nos. DPR-38, DPR-47 and DPR-55 and that all statements and matters set forth therein are true and correct to the best of his knowledge, s/W.H. Owen '

Mllt W.H. Owen Subscribed and sworn to before me this 20th day of March, 1986.

s/ Sue C. Sherrill bul b. AJt/t Notary Public My Commission Expires:

September 20, 198 9 WHEN SEPARATED FROM ENCLOSURES.

HANDLE THIS DOCUfAENT AS DECONilictLE]

THIS DOCUMENT CONTAINS SAFEGU ARDS INF0WTiON.

ANY PERSON WHO AL10WS UNAUTH09?!0 0'S"!GSur.E YAY BE GUILTY OF A CR!ME: AND UPON CO?."/10TICN MAY BE PUNT!HES BY A FINE OR IMPRISONMENT OR 89TN UNDER THE PR9YiSf9NS 9F 10 CFR 7180 SAFEGUARDS IN:0,lMA~ ON